Legal Opinion

Blea v. Fields

New Mexico Supreme Court

Decided August 15, 2005No. 28,740PublishedCited by 32 opinions

1Opinion of the Court

OPINION

CHAVEZ, Justice.

{1} In this medical negligence case we are asked to clarify the state of the law in New Mexico regarding a party’s entitlement to a jury trial in a case that involves both legal and equitable claims. The following question was certified to us by the Court of Appeals pursuant to Rule 12-606 NMRA 2005 and NMSA 1978, Section 34-5-14(0) (1972): “Whether a party is entitled to a jury trial where proper and timely demand has been made in a matter that involves mixed claims of law and equity, and where a decision on the equitable claims will dispose of the legal claim?” This…

2Cases cited21 opinions

  1. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  2. Ross v. BernhardSupreme Court of the United States · 1969
  3. Sims v. SimsNew Mexico Supreme Court · 1996
  4. Celaya v. HallNew Mexico Supreme Court · 2004
  5. Landavazo v. SanchezNew Mexico Supreme Court · 1990

16 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Elm Ridge Exploration Company v. EngleCourt of Appeals for the Tenth Circuit · 2013
  2. Anderson Living Trust v. WPX Energy Production, LLCDistrict Court, D. New Mexico · 2014
  3. Nowell v. Medtronic Inc.District Court, D. New Mexico · 2019
  4. Gerke v. RomeroNew Mexico Court of Appeals · 2010
  5. Southwest Steel Coil, Inc. v. Redwood Fire & Casualty InsuranceNew Mexico Court of Appeals · 2006

27 more not listed; retrieve them via the Exa API.

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